<p><strong>SWSOFT END-USER LICENSE AGREEMENT</strong></p>
<p>This End-User License Agreement (this "Agreement") is a legal contract between you, as either an individual or a single business entity, and SWsoft, Inc. and its affiliates ("SWsoft").</p>
<p>READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING SWSOFT'S PROPRIETARY SOFTWARE<a href="#comment1"><sup>1</sup></a> (the "Software") OR OBTAINING A LICENSE KEY TO THE SOFTWARE OR USING THE SOFTWARE.</p>
<p>THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING THE SOFTWARE OR OBTAINING A LICENSE KEY TO THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON BELOW, TERMINATE THE DOWNLOAD PROCESS, AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND SWSOFT CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH SWSOFT RELATING TO THE SOFTWARE.</p>
<p><strong>1. License</strong></p>
<p>1.1. <strong>Grant of License.</strong> SWsoft hereby grants to you, and you
  accept, a limited, nonexclusive license to use the Software in machine-readable,
  object code form only, and the user manuals accompanying the Software (the "Documentation"),
  only as authorized in this Agreement. For purposes of this Agreement, the "Software"
  includes any updates, enhancements, modifications, revisions, or additions to
  the Software made by SWsoft and made available to end-users through SWsoft's
  web site. Notwithstanding the foregoing, SWsoft shall be under no obligation
  to provide any updates, enhancements, modifications, revisions, or additions
  to the Software.</p>
<p>1.2. <strong>Scope of Use.</strong> You may use one copy of the Software activated
  by a license key on a single server (virtual or physical) owned, leased, or
  otherwise controlled by you, at a single time. If you have multiple license
  keys for the Software, you may make and use as many copies of the Software as
  you have license keys. For purposes of this Agreement, "use" of the software
  means loading the Software into the temporary or permanent memory of a computer.
  Installation of the Software on a network server solely for distribution to
  other computers is not "use" of the Software, and is permitted, as long as you
  have a license key for each server (virtual or physical) to which the Software
  is distributed. The Software may not be used on or distributed to a greater
  number of computers than you have license keys. If you use or distribute the
  Software to multiple users, you must ensure that the number of users does not
  exceed the number of license keys you have obtained, or you will be in breach
  of this Agreement.</p>
<p>1.3. <strong>Copies and Modifications.</strong> You may not reverse engineer,
  decompile, disassemble, or otherwise translate the Software or any license keys
  you have obtained. You may not modify or adapt the Software or any license keys
  that you have obtained in any way. You may make one copy of the Software, the
  Documentation, and any license keys that you have obtained, solely for backup
  or archival purposes. Any such copies of the Software, Documentation, or license
  keys shall include any copyright or other proprietary notices that were included
  on such materials when you first received them. Except as authorized in this
  Section, no copies of the Software, Documentation, or license keys, or any portions
  thereof, may be made by you or any person under your authority or control.</p>
<p>1.4. <strong>Assignment of Rights.</strong> You will not sublicense, lease,
  rent, or lend your rights in the Software, Documentation, or license keys, as
  granted by this Agreement, with any third party without prior written consent
  of SWsoft</p>
<p><strong>2. Intellectual Property and Confidentiality</strong></p>
<p>2.1. <strong>Use Reporting, License Violations and Remedies.</strong> SWsoft
  reserves the right to gather data on key usage including license key numbers,
  server IP addresses, domain counts and other information deemed relevant, to
  ensure that our products are being used in accordance with the terms of this
  End-User License Agreement. SWsoft expressly prohibits simultaneous, multiple
  installations of our licensed products and domain count overrides without prior
  written approval. Any unauthorized use shall be considered by SWsoft to be a
  violation of the End-User License Agreement. SWsoft reserves the right to remedy
  violations immediately upon discovery, by charging the then current list price
  of unauthorized keys to the credit card used to make the original, authorized
  purchase, or by any other means necessary. You agree not to block, electronically
  or otherwise, the transmission of data required for compliance with this agreement.
  Any blocking of data required for compliance under this agreement is considered
  to be violation of this agreement and will result in immediate termination of
  this Agreement pursuant to Section 4.</p>
<p>2.2. <strong>License Automatic Update and Expiration.</strong> Your license
  may include an expiration date that can result in the termination of the license.
  For permanent (non-lease) license keys, the license updates automatically except
  if SWsoft determines that a license is used in violation of the terms of this
  Agreement. If your license key is stolen, or if you suspect any improper or
  illegal usage of your license outside of your control you should promptly notify
  SWsoft of such occurrence. A replacement license will be issued to you and the
  suspect license will be allowed to expire. For lease licenses, your monthly
  payment for each month must be processed prior to the expiration date in order
  for the license updates to be performed. For your convenience SWsoft provides
  license expiration warnings in the product interface should there be any issues
  that would cause the product license to eventually expire. It is your responsibility
  to contact SWsoft regarding any potential expiration that you deem inappropriate.
  SWsoft is not liable for any damages or costs incurred in connection with the
  expiring licenses.</p>
<p>2.3. <strong>Proprietary Rights to Software and Trademarks.</strong> You acknowledge
  that the Software and the Documentation are proprietary to SWsoft, and the Software
  and Documentation are protected under United States copyright law and international
  treaties. You further acknowledge and agree that, as between you and SWsoft,
  SWsoft owns and shall continue to own all right, title, and interest in and
  to the Software and Documentation, including associated intellectual property
  rights under copyright, trade secret, patent, or trademark laws. This Agreement
  does not grant you any ownership interest in or to the Software or the Documentation,
  but only a limited right of use that is revocable in accordance with the terms
  of this Agreement. Any and all trademarks or service marks that SWsoft uses
  in connection with the Software or with services rendered by SWsoft are marks
  owned by SWsoft. This Agreement does not grant you any right, license, or interest
  in such marks, and you shall not assert any right, license, or interest in such
  marks or any words or designs that are confusingly similar to such marks.</p>
<p>2.4. <strong>Confidentiality.</strong> You shall permit only authorized users,
  who possess rightfully, obtained license keys, to use the Software or to view
  the Documentation. Except as expressly authorized by this Agreement, you shall
  not make available the Software, Documentation, or any license key to any third
  party. You will use your best efforts to cooperate with and assist SWsoft in
  identifying and preventing any unauthorized use, copying, or disclosure of the
  Software, Documentation, or any portion thereof.</p>
<p><strong>3. License Fees</strong></p>
<p>The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on SWsoft's web site. The license fees paid by you are paid in consideration of the license granted under this Agreement. SWsoft Inc. does not refund license fees. By accepting this agreement you fully understand that once license fee payment is made to SWsoft you will have no recourse for receiving a refund of any part of the fees.</p>
<p><strong>4. Term and Termination</strong></p>
<p>This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until terminated.  Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.  If you are leasing the Software, and fail to pay the applicable license fees, SWsoft shall have the right to shut down your server. You may terminate this License Agreement at any time by: (i) providing written notice of your decision to terminate the Agreement to SWsoft and (ii) either returning the Software, Documentation, all copies thereof, and all license keys that you have obtained to SWsoft or destroying all such materials and providing written verification of such destruction to SWsoft. SWsoft may terminate this License Agreement if you breach any term of the Agreement by giving you written notice of your breach and SWsoft's decision to terminate the Agreement. Upon termination of the Agreement by SWsoft, you agree to either return to SWsoft the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to SWsoft.  </p>
<p><strong>5. Remedies, Indemnification</strong></p>
<p>5.1. If you learn of any actual or threatened infringement or piracy of the Software, or if any infringement or piracy claim is made against you by a party other than SWsoft in connection with your use of the Software, you shall notify SWsoft in writing of the infringement, piracy or claim as soon as is reasonably possible.  SWsoft shall in its sole discretion determine what action if any to take with respect  to the foregoing and shall assume the defense or and bear the expenses of any such action (except to the extent, if any, to which such dispute or costs arise from your negligence, willful misconduct or modification of the Software).  In the event that the use of the Software in accordance with the provisions of this Agreement is declared by a court of competent jurisdiction to infringe the rights of any third party, as your sole remedy, SWsoft at its option shall (i) procure for you the right to use the Software, or (ii) modify the Software to render it non-infringing. </p>
<p>5.2. You will, at your own expense, indemnify and hold SWsoft, and its subsidiaries and affiliates, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), arising out of any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.</p>
<p>6. <strong>Disclaimer</strong></p>
<p>THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND SWSOFT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, SWSOFT EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE. </p>
<p><strong>7. Limitation of Liability</strong></p>
<p>SWSOFT'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SWSOFT'S INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS, SHALL BE LIMITED TO THE AMOUNT OF LICENSE FEES PAID TO SWSOFT BY YOU UNDER THIS AGREEMENT, BUT IN NO EVENT SUCH LIABILITY SHALL EXCEED US$2,000 IN THE AGGREGATE FOR ALL OCCURANCES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL SWSOFT BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SWSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </p>
<p><strong>8. General Terms</strong></p>
<p>8.1. <strong>Governing Law and Choice of Forum.</strong> This Agreement shall
  be governed by and interpreted in accordance with the laws of the Commonwealth
  of Virginia, without regard to the conflicts of law rules thereof. Any claim
  or dispute arising in connection with this Agreement shall be resolved in the
  federal or state courts situated within the Eastern District of Virginia. To
  the maximum extent permitted by law, you hereby consent to the jurisdiction
  and venue of such courts and waive any objections to the jurisdiction or venue
  of such courts.</p>
<p>8.2. <strong>Severability.</strong> If any term or provision of this Agreement
  is declared void or unenforceable in a particular situation, by any judicial
  or administrative authority, this declaration shall not affect the validity
  of enforceability of the remaining terms and provisions hereof or the validity
  or enforceability of the offending term or provision in any other situation.</p>
<p>8.3. <strong>Survival.</strong> Articles 2, 5, 6, 7, and 8 of this Agreement
  and all Sections thereof, shall survive the termination of this Agreement, regardless
  of the cause for termination, and shall remain valid and binding indefinitely.</p>
<p>8.4. <strong>Headings.</strong> The Article and Section headings contained
  in this Agreement are incorporated for reference purposes only and shall not
  affect the meaning or interpretation of this Agreement.</p>
<p>8.5. <strong>No Waiver.</strong> The failure of either party to enforce any
  rights granted hereunder or to take action against the other party in the event
  of any breach hereunder shall not be deemed a waiver by that party as to subsequent
  enforcement of rights or subsequent actions in the event of future breaches.</p>
<p>8.6. <strong>Amendment.</strong> SWsoft reserves the right, in its sole discretion,
  to amend this Agreement from time to time. If there is a conflict between this
  Agreement and the most current version of this Agreement, posted at www.swsoft.com,
  will prevail. If you do not accept amendments made to this agreement, then this
  license will be immediately terminated pursuant to Section 4.</p>
<p>8.7. <strong>Taxes.</strong> You shall, in addition to the license fees required
  under this Agreement, pay all applicable sales, use, transfer, or other taxes
  and all duties, whether national, state, or local, however designated, that
  are levied or imposed by reason of the transaction contemplated under this Agreement,
  excluding income taxes on the net profits of SWsoft. You shall reimburse SWsoft
  for the amount of any such taxes or duties paid or incurred directly by SWsoft
  as a result of this transaction.</p>
<p><strong>9. United States Government Restricted Rights.</strong></p>
<p>The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable. </p>

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<p><a name="comment1"><sup>1</sup></a> Any of PLESK, HSPcomplete, VIRTUOZZO, PEM, CONFIXX, and any other SWsoft products as may be added by SWsoft</p>